On 27th June 2019, the Polish Personal Data Protection Office announced that employers were prohibited to perform random breathalyser tests on their employees. Instead, the tests need to be carried out by a professional in order to ensure reliable results.

In line with the recent Supreme Court ruling, this announcement acts as a final confirmation for employers that they are no longer allowed to perform random breathalyser tests on employees, including in the case that the employee is suspected of being under the influence of alcohol in the workplace.

HR teams need to reevaluate relevant internal procedures to ensure they are compliant with this change.

Employer obligations

In order to be compliant with the Personal Data Protection Office announcement, the employer is obliged to:

• Re-evaluate their internal procedures, especially with regards to actions that must be taken in case an employee reports for work under the influence of alcohol
• Re-evaluate potential procedures with regards to random breathalyser tests carried out in the workplace (if applicable)

The relevant actions and proper adjustment of documents are required as soon as possible.

Risk/impact

In case an employer decides to terminate the employment contract with one of their employees without notice due to working under the influence of alcohol, the termination can be considered invalid if the only evidence is the test taken by an employer, not by a professional such as a doctor.

Resources

https://uodo.gov.pl/pl/138/1076

Further information

For further information or to discuss any of the issues raised, please contact Agnieszka Fedor on +48 22 608 7150 at Sołtysiński Kawecki & Szlęzak – www.skslegal.pl.